Equality Bill

My Lords, we considered this same amendment in Committee in the other place, and I welcome the opportunity to discuss it again. The reasonable adjustment duty is an essential cornerstone of the protection for disabled people contained in the Bill. This amendment would import into the Bill similar language to that used in the Disability Discrimination Act, where a physical feature puts a disabled person at a substantial disadvantage. We heard evidence in Committee in the other place suggesting that the absence of a reference to removing the feature as an option had been interpreted as weakening the provision, but that is certainly not the intention and is certainly not the case. The emphasis in the Bill is on taking such steps as it is reasonable to take to "avoid the disadvantage", which is to say that we are legislating to ensure the outcome which will increase access for disabled people and not the means of achieving that outcome. That means may well, of course, result in removing the feature which is causing the disadvantage. That is what I wish to stress—that this is about the outcome rather than the means of achieving the outcome. In addition, one of the Bill’s benefits is that it simplifies and harmonises the legislation; and this amendment, which applies only to services and public functions, does not achieve that result. We consider that exemplifying how the duty might be delivered in different circumstances is best done through an authoritative code of practice and other guidance which can be informed by good practical, real-life examples. When the noble Baroness asks me for examples, I must refer her to the forthcoming guidance. For information, the Disability Charities Consortium has identified this in its briefing on the Bill as a key area for strengthening or clarification. However, we have already strengthened the duty by introducing the single, substantial disadvantage threshold, and we should and must acknowledge that. We will provide any necessary clarification in the codes and guidance. The noble Baroness asked whether we were being too passive with this clause. I do not believe that we are being passive, as we are actively asking people to ensure that they achieve the best outcomes for disabled people. I respectfully ask her to withdraw the amendment.